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B-205550 1 (1982-03-11)

handle is hein.gao/gaobadkdk0001 and id is 1 raw text is: // DECISION FILE: B-205550 MATTER DIGEST; OF: % 19 Jerome B9 Knaebel - Real Estate Broker's Commission Where an employee sells a home Incident to a permanent change of station he may not be reimbursed for a real estate broker's commission above the ganeral area rate determined by Htup, even where the higher commission was needed to expedite the sale, Statutory provisions of 5 uS,C,S-5724a(a)(4) (1976) and implementing regulations require that the applicaIle commission rhte is the rate generally and customarily charged in the locality, and the information provided by IIUD creates a rebuttal presumption re- garding the prevail ing commission rate, The employee has failed to rebut this presumption. This decision is in response-to a request from Anita R. Smith, an authorized certifying officer, De- partment of Agriculture (POA), Nation-al Finance Center, as to whether a travel voucher submitted by Mr, Jerome B. Knaebel, a U.S, Forest Service employee, Should b'ecorti- fied for payment, The,1issue presented is the propriety of reimbursing an additional 1-percent real estate broker's commission to a transferred jmployee, The claim is denied because the amount claimed exceeds the prevailing real estate commission in the area. In a travel authorization dated February 5, 1981, Mr. Knaebel was authorized. a--permanent change of station from Boise, Idaho,1to Washihgton, D.C. Mr. Knaebel placed his home on the markbt and after 3 months with relatively little sales activity he decided that, in order to expedite the sale in a depressed housing market, he would increase the sales commission from the original 6 percent agreed upon to 8 percent. The house was soon sold. In an informal inquiry by the DOA with the Depart- ment of Housing and Urban Development (Hub), DOA was informed that the customary and normal real estate commission charged by brokers in the Boise, Idaho, area I /7 THU COMPTRCLLE!R GENIERAL OF THE UNITED BTATEB WASHINOTON, Do, 2054S DATEI4M roh 11, 1982

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